private "ticket" from North West Parking Ltd, pursued by DCBL. Won court case.

Car1980

Well done. Sadly you ended up in a "courtroom" rather than the "informal" setup. A lot of judges have delusions of grandeur and forget they're dealing with lay representatives.

Coupon-mad

skuther said:

Thanks all.

I certainly learned alot.

1. Also we didn't know about POPLA at the time, only finding out 6months too late. The POPLA letter seems to have been "lost in the post" and is conveniently never mentioned as an option on any other letters that were sent to us - so I know to push for that if happens with BPA member in the future.
2. It just so happens (for unrelated reasons) both of our family cars are now registered in my name as keeper - which is why I was able to bat off the more recent "no stopping" at Leeds Bradford Airport VCS one (see other post) - as was keeper but not driver.

3. Seems to be common thread that decent well meaning people take this things very personally and get "overwhelmed".

Very much an emotional rollcoaster. Reading all the other threads and hearing about unfair case after case after case is often more emotionally charged than your own case.

My advice to any newbies is:

a) it is not personal, don't waste your time or energy getting upset by it (although hard to do in practice).

b) Read the Newbies thread.

c) if you are still stuck - you probably did not finish reading the Newbies thread properly - so re-read it.

d) if you are still stuck - you are probably are a bit overwhelmed emotionally and need to re-read the newbies with a friend or family member who is not emotionally involved.

e) Defence is spelt with a C not an S.

f) Don't repost the entire template defence on your post (I don't think I did) but seems to happen alot - as it irritates the regulars who have probably read it thousands or times (...or wrote it, Thanks Coupon-Mad).

Love that advice. 

Andyjbs

Good Morning All,

We had our court hearing today in Middlesbrough relating to Hartlepool Marina charge, which, as you may know, is the same location as 'Skuther'. Although my wife was understandably unhappy to attend, the Judge was very understanding and allowed me (as her Lay Representative) to speak on her behalf. The Claimant's representative did not challenge the witness statement, which made my wife feel much more comfortable.

The case ultimately centered around the signage, particularly regarding the tariffs, and the possibility of making a payment by telephone. My wife made a payment of £2 but was unaware that it only covered 2 hours. The Claimant’s index pack contained photos from 25', which was very helpful (the tariff had changed since the alleged offence 24' from £1.5 for up to 2 hours). Their legal representative tried to dismiss this as irrelevant, arguing that they are registered and would have had the correct signage in place. However, I countered with photographic evidence showing changes in the location and lighting of the signage. Additionally, the Claimant didn’t provide any proof that payment by telephone was an option.

In the end, the Judge concluded that my wife had made every effort to pay and that the tariff information was not available or visible at the time to understand the limitations, durations, and costs. We won the case, and the Claimant is required to reimburse my wife for her time off work, which amounts to around £85.

Interestingly, none of the other issues regarding Bylaws, the ability to dispute, or the Points of Claim came into play.

In summary, while we won, the toll of this process has been significant, and the stress my wife endured feels disproportionate to the compensation for her time and travel. Nevertheless, we’re relieved to have put DCBL and NW parking in their place.

A huge thank you to everyone on the forum, especially Coupon-Mad.

 

 

Coupon-mad

Congrats! Major effort by both of you. It paid off. It's about the principle, not the money!

ANOTHER ONE BITES THE DUST!

Torrel

Its about the principal...but it is stressful.

I feel they know they won't win, but they think not having the stress of them harassing you etc is worth the £60!

Coupon-mad

Yep. That's how they get away with it.